In Nevada, a power of attorney is a document that details how one person called the principal appoints another person called an agent to represent them in medical, business, or financial affairs.
You will temporarily relinquish the right to make decisions and delegate the duties to someone you trust. People often choose a family member or a close friend to step in as an agent. In retrospect, it is best to use a Nevada power of attorney if you cannot fulfill your financial obligations. Most people use a power of attorney form when they have a poor medical condition that does not look like improving.
This article will look at nine types of Nevada power of attorney forms and the cases where you can use them. Therefore, Nevada residents must understand the various requirements for a power of attorney to be valid.
Different Types of POA
There are different powers of attorney in Nevada, depending on the case in question. Here, we will explore the nine types that the residents of Nevada need to be familiar with to pick the best power of attorney that suits their situation.
Durable (Statutory) Power of Attorney
This power of attorney means that a principal will choose someone who will care for their financial and medical affairs when incapacitated. One key phrase here is the word “Durable” this shows that even when the principal is incapable of making those decisions, this situation does not negate the credibility of the legal document.
Furthermore, Nevada Durable Power of Attorney will remain valid until the principal is deceased or if that person refutes the document. People use the durable power of attorney for estate planning affairs in Nevada. It also reduces the stress on your loved ones to appear in court to handle financial and medical affairs. For the durable power of attorney to commence, the principal must sign the firm (NRS 162A.220(1). You can get the statutory form from NRS 162A.620 as provided by the Nevada Legislative arm of government.
Download: Microsoft Word (.docx)
General (Financial) Power of Attorney
Suppose a principal is declared unfit or unwell to make financial decisions. In that case, the person can appoint an agent that can help transact business with their finances, assets, properties, digital currencies, and other financial implications on their behalf.
As a result of the delicacy of the General Power of Attorney for Nevada, you should hire someone trustworthy and close to you to oversee these financial affairs on your behalf. The Power of Attorney Uniform Act is the statute that guides this form; plus, a notary public is required to sign the (§ 162A.220(1). Hence, based on the agreement, the agency is required to act accordingly within the jurisdiction of the statutes.
Download: Microsoft Word (.docx)
Limited Power of Attorney
This Nevada power of attorney is quite more specific than the first two established. In this type, the principal confers authority on the agent who they have selected based on expertise, trustworthiness, and other factors best known to them. Again, however, the exercise of authority by the agent is for a specific time frame and particular situation.
Anything outside of the stipulated specifics contained in the form is still within the power of the principal. This is why the principal conferring the authority to the other person has to be clear on the time frame and the situation requiring the agent to handle their affairs. The Power of Attorney Uniform Act is the statute that guides the application of this form in situations, and also both parties are required to sign the (§ 162A.220(1).
Download: Microsoft Word (.docx)
Medical Power of Attorney
It is not anyone’s intention to undergo surgery because of an accident or a chronic health condition. However, a Nevada Medical Power of Attorney is one of the best ways to prepare yourself in case of such an unfortunate situation.
Nevada medical power of attorney is a form that a principal and agent signs where the principal confers authority on an agent to make any health-related decisions on their behalf. As a result of the delicacy of this form, it requires two witnesses to a notary public (§ 162A.790). According to the NRS 162A.860, Nevada Medical Power of Attorney is established.
Download: Microsoft Word (.docx)
Minor (Child) Power of Attorney
In Nevada, the minor power of attorney requires that a parent, who is either being treated for a long-term medical condition or deployed to the military, elects another person to handle the medical and educational affairs of the child. This means that the parent appoints someone who will be their child’s caretaker.
Interestingly, there are cases where the parent(s) will be more than six months away, and then the parent(s) must file the appropriate papers with your country’s District Court. Again, a secretary of the state or a Notary public (§ 162A.220(1) must sign this form.
Download: Microsoft Word (.docx)
Real Estate Power of Attorney
This relates to a legal document that states that the principal appoints an agent or attorney-in-fact to handle all forms of real estate or property affairs. Although the agent is in charge of the real estate affairs, the principal still has the power to revoke the authority that they have conferred initially. But a licensed state notary has to be present for all signatures to be notarized.
The laws that guide the Nevada Real Estate Power of Attorney include the Power of Attorney Uniform Act, and the signing requirements are (NRS 162A.220; NRS 247.120).
Download: Microsoft Word (.docx)
Revocation of Power of Attorney
A Nevada Revocation of Power of Attorney is a legal form that shows the principal has revoked a particular agent’s authority. This legal form results from the principal choosing another agent, or it could be an issue between the principal and agent. However, for this legal document to be valid, it is necessary that all parties involved need to be aware of the revocation and changes clearly and concisely. Hence, no laws are required to be valid, but the parties need to be informed.
Download: Microsoft Word (.docx)
Tax Power of Attorney Form
The Nevada Tax Power of Attorney form is guided by the NRS 162A.600; it is a document used to delegate authority to an agent to handle all tax-related issues on behalf of the principal. For example, suppose you are looking to access the Nevada tax power of attorney through the Federal IRS version. With this format, you will need to state that the purpose of this form is exclusively for the state of Nevada. Therefore, a Nevada mailing address will be used for the filing. Nevada will then recognize the tax power of attorney form to be valid. Furthermore, the principal alone is required to sign the form.
Download: Microsoft Word (.docx)
Vehicle Power of Attorney (Form VP136)
Suppose you need someone to help you manage the registrations and other aspects. In that case, it is best to have the Nevada Vehicle Power of Attorney for Nevada residents. This legal document requires a principal to delegate authority to another person called an agent to handle all the affairs of vehicle registration and other DMV-related matters. This legal document is limited as it only pertains to vehicle registration and DMV matters in Nevada. All information in this legal document corresponds with Nevada’s records for the power of attorney to be valid. Furthermore, to reinstate the issue of validity, the document must be signed by a state secretary or a notary public.
Download: Microsoft Word (.docx)
Springing Power of Attorney
This is quite similar to the durable power of attorney examined earlier. However, the difference lies in the time both legal documents become active. For example, the Nevada Springing Power of Attorney is a legal document that allows a principal to delegate financial and medical matters duties to the agent until the person is incapacitated. This means that the document is not yet active until the principal cannot perform the medical and financial obligations. The difference between this form of power of attorney and durable power of attorney is that one is active immediately after signing the form. At the same time, the other is conditional and remains inactive until the principal does not perform their functions.
Download: Microsoft Word (.docx)
Governing Laws
We understand that the Nevada durable power of attorney form is a legal document that allows a principal to delegate medical and financial duties to an agent in the eventuality of death or an inability to make those decisions by themselves. The Durable Power of Attorney for healthcare situations is under the Nevada Revised Statutes Sections detailed in the Durable Power of Attorney for Health Care Decisions. The signing requirements involve the principal signing the form before a notary public. You can get the statutory form here
The agent, once conferred the power to make the healthcare decision for the principal, has the right to decide the following for the principal:
- Treatment and the procedure of the medical treatment
- Refusal of consent to a particular or any health care
However, the agent would not be able to decide if the principal is already committed to a medical facility. Other cases negate the agent’s power to make healthcare decisions on behalf of the principal. Here are those exceptions:
- Abortion
- Sterilization
- Convulsive medical treatment.
- Psychosurgery
- The principal disagreed with other treatments stated in the Nevada power of attorney.
Furthermore, for the Nevada power of attorney to be considered valid, it has to be signed by an adult. Also, two people who know the principal personally and at least one cannot have any family connection or blood relation with the principal. Also, these people will not be able to be entitled to any proceeds from the principal when they die.
There are different ways to terminate a power of attorney in Nevada. First, when the principal dies, the legal document becomes void since you can no longer make those decisions on behalf of the deceased. Another situation is if the principal revokes the authority, as explained in the revocation of power of attorney.
If the power of attorney form complies with the military laws of the state, then the document will be termed valid in Nevada.
Plus, healthcare organizations are absolved from any crime if they accept a power of attorney in Nevada without knowing that the form was invalid, faced with forged signatures, or being terminated.
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Nevada Power of Attorney Requirements
It is important to note that a Nevada POA filed in another state is valid if it meets its state and military requirements. Furthermore, for any power of attorney in Nevada to be considered valid, it must meet the following requirements:
- Principal’s full name
- Agent’s full name, current address, phone number, and other relevant information can be used as a form of contact.
- The agent’s powers which the principal has given.
- The beginning and the end of the powers that have been given to the agent.
- Principal’s signature and that of the notary public.
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Who to Choose as an Agent?
Choosing an agent is one of the most critical parts of the Nevada power of attorney form, although the person does not have to be an attorney or have a legal background. However, it must be someone you trust completely to handle financial and medical affairs when you cannot be there or in times of medical complications.
For example, you could choose your spouse, friend, or someone that you are sure can make the right decisions on your behalf. Some people choose a friend with sufficient knowledge in medical treatment or financial transactions to make the best out of situations.
So, whether it is a conventional or durable power of attorney, you must choose someone you can rely on.
Making the Document Legal
For the Nevada power of attorney form to be considered legal, you need to sign as the principal, and a notary public will sign the document. If the notary public is not available, you need two adults that know you personally to witness you signing the document. The agent should not be related by blood to the principal.
Suppose you need more information about the legal process of the Nevada power of attorney. In that case, you can check the public library and make inquiries with colleagues or friends who have gone through this process successfully.
How to Get a POA in Nevada?
To get the Nevada power of attorney, you need the principal who will delegate their financial and medical obligations. The next step is an agent and two other standby agents if the first one cannot act accordingly. Also, you need the signatures of the principal, the witnesses, and the notary public.
It is also essential that you look at the NRS 162A.200 to 162A.660. This guides the application of the Nevada power of attorney.
Bottom Line
No one in this lifetime wishes for any unfortunate incident. However, the Nevada power of attorney is a powerful legal document that allows people to safeguard their finances and function even when they are not physically present or subdued by a medical ailment. However, it is crucial that you have a trustworthy agent and always accessible in an emergency.
Plus, clearly state the terms and tenure to the powers that you are conferring on your agent to avoid any issues later. Furthermore, let all parties know when a situation calls for any power of attorney change. Finally, for the Nevada power of attorney to be legal, you need to follow the requirements in this article depending on the type of power of attorney you choose.
